McDermott: Leading campaign
An employment judge has been issued with formal advice for misconduct after he was found to have created a “hostile environment” for a party.
The decision of the Lady Chief Justice, Baroness Carr, with the agreement of Lord Chancellor David Lammy, is significant given that a raft of concerns have been raised about the conduct in court of Employment Judge Philip Lancaster in Leeds.
According to the Judicial Conduct Investigations Office (JCIO), the president of the Employment Tribunals received a complaint in 2022 over the manner in which Judge Lancaster conducted a hearing.
“The complainant alleged that EJ Lancaster displayed bias, shouted on multiple occasions, made hostile and inappropriate comments and repeatedly interrupted during cross-examination.
“Investigation of the complaint was deferred to await the outcome of an associated appeal, however in 2025, the deferral was lifted and the investigation resumed.”
The judge told the investigation that the hearing was factually complex and that he considered it necessary to intervene on a large number of occasions to establish the contextual chronology.
“He accepted that he could have handled the hearing differently and apologised if he had appeared sharp but denied that he had shouted or exhibited any bias. EJ Lancaster also provided details of difficult personal circumstances he had been experiencing at the time.”
The president found that Judge Lancaster had raised his voice “on several occasions out of frustration”, and had interrupted the complainant during cross-examination to an extent, “which was inappropriate, and which created a hostile environment for the complainant”.
In recommending that he be offered formal advice, the president took into consideration “EJ Lancaster’s significant personal mitigation, his genuine expression of remorse and his 20-year unblemished conduct record as a judge”.
We reported last July that a group of 10 people, led by Sellafield whistleblower Alison McDermott, were threatening a judicial review against the JCIO unless it investigated Judge Lancaster’s alleged behaviour.
It followed a BBC report in 2024 that eight women had come forward to complain about the judge.
According to an update last month on the group’s crowdfunding page, the proceedings have now been issued by London law firm Deighton Peirce Glynn.
It also said: “We also now understand – from disclosures made only because of this judicial review – that the President of Employment Tribunals, Judge Barry Clarke, has recommended that Judge Lancaster should be sanctioned for misconduct in respect of Dr [Hinaa] Toheed’s complaint. Three years after he was first notified of the concerns.”
It is not clear whether the complaint upheld is that of Dr Toheed, a GP.
She wrote on the CrowdJustice page: “Judge Lancaster shouted at me 16 times in three days. My solicitor and barrister have formally backed my complaint of judicial bias. That was May 2022 – yet he’s still on the bench.”
At the time of writing, it has raised £27,180 towards a target of £40,000.
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